Gram Panchayat Donar v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Review Petition No.137 of 2019 Gram Panchayat Darri Through its Sarpanch, Hiradas Kesariya, S/o Budhkar Kesariya, aged about 54 years, R/o Gram Panchayat Darri, (Respondent No.10 in Writ Petition)
5. Gram Panchayat Mathuradih, Through Secretary Gram Tenukona. (Respondent No.5)
8. Gram Panchayat Mohera Bi, through Secretary, Tahsil Magarlod, (Respondent No.6)
9. Gram Panchayat Sarangpuri, through Secretary, Gram Sarangpuri, (Respondent No.9)
10. Gram Panchayat Bhotha, through Secretary Gram Lader, Tahsil (Respondent No.11)
13. Gram Panchayat Amlidih, Through Secretary, Gram Amlidih, Tahsil (Respondent No.14)
14. Gram Panchayat Seldwip, Through Secretary, Tahsil Kurud, District (Respondent No.15)
16. Gram Panchayat Donar, Through Secretary Gram Donar, Tahsil and (Respondent No.17) Review Petition No.138 of 2019 Gram Panchayat Seldwip Through its Sarpanch, Nirmotin Bai Kanwar, W/o Rajkumar Kanwar, aged about 68 years, R/o Gram Panchayat Seldwip, Post Mandrod, Tehsil Kurud, District Dhamtari, Chhattisgarh. (Respondent No.15 in Writ Petition)
5. Gram Panchayat Mathuradih, Through Secretary Gram Tenukona. (Respondent No.5)
8. Gram Panchayat Mohera Bi, through Secretary, Tahsil Magarlod, (Respondent No.6)
9. Gram Panchayat Sarangpuri, through Secretary, Gram Sarangpuri, (Respondent No.9)
10. Gram Panchayat Darri, through Secretary, Tahsil and District (Respondent No.10)
13. Gram Panchayat Bhotha, through Secretary, Gram Lader, Tahsil (Respondent No.11)
14. Gram Panchayat Amlidih, Through Secretary, Gram Amlidih, Tahsil (Respondent No.14)
16. Gram Panchayat Donar, Through Secretary Gram Donar, Tahsil and (Respondent No.17) Review Petition No.139 of 2019 Gram Panchayat Mathuradih Through its Sarpanch Narad Ram Netam, Aged about 48 years, R/o Gram Panchayat Mathuradih, Gram Tendukona, Tehsil and District Dhamtari, Chhattisgarh. (Respondent No.5 in Writ Petition)
5. Gram Panchayat Mohera Bi Through Secretary, Tahsil Magarlod, (Respondent No.6)
8. Gram Panchayat Sarangpuri, through Secretary, Gram Sarangpuri, (Respondent No.9)
9. Gram Panchayat Darri, through Secretary, Tahsil and District (Respondent No.10)
10. Gram Panchayat Bhotha, through Secretary Gram Lader, Tahsil (Respondent No.11)
13. Gram Panchayat Amlidih, Through Secretary, Gram Amlidih, Tahsil (Respondent No.14)
14. Gram Panchayat Seldwip, Through Secretary, Tahsil Kurud, District (Respondent No.15)
16. Gram Panchayat Donar, Through Secretary Gram Donar, Tahsil and (Respondent No.17) Review Petition No.140 of 2019 Gram Panchayat Mohera Through its Sarpanch Trilochan Shrimali,
S/o Punuram Shrimali, aged about 45 years, R/o Gram Panchayat Mohera, Tehsil Magarlod, District Dhamtari, Chhattisgarh. (Respondent No.6 in Writ Petition)
5. Gram Panchayat Mathuradih, Through Secretary Gram Tenukona. (Respondent No.5)
8. Gram Panchayat Sarangpuri, through Secretary, Gram Sarangpuri, (Respondent No.9)
9. Gram Panchayat Darri, through Secretary, Tahsil and District (Respondent No.10)
10. Gram Panchayat Bhotha, through Secretary Gram Lader, Tahsil (Respondent No.11)
13. Gram Panchayat Amlidih, Through Secretary, Gram Amlidih, Tahsil (Respondent No.14)
14. Gram Panchayat Seldwip, Through Secretary, Tahsil Kurud, District (Respondent No.15)
16. Gram Panchayat Donar, Through Secretary Gram Donar, Tahsil and (Respondent No.17) Review Petition No.142 of 2019 Gram Panchayat Bhotha Through its Sarpanch, Kaushal Kumar Kanwar, S/o Dukal Singh Kanwar, aged about 44 years, R/o Gram Panchayat Bhotha, Gram Lader, Tehsil Magarlod, District Dhamtari, Chhattisgarh.
(Respondent No.11 in Writ Petition)
5. Gram Panchayat Mathuradih, Through Secretary Gram Tenukona. (Respondent No.5)
8. Gram Panchayat Mohera Bi, through Secretary, Tahsil Magarlod, (Respondent No.6)
9. Gram Panchayat Sarangpuri, through Secretary, Gram Sarangpuri, (Respondent No.9)
10. Gram Panchayat Darri, through Secretary, Tahsil and District (Respondent No.10)
13. Gram Panchayat Amlidih, Through Secretary, Gram Amlidih, Tahsil (Respondent No.14)
14. Gram Panchayat Seldwip, Through Secretary, Tahsil Kurud, District (Respondent No.15)
16. Gram Panchayat Donar, Through Secretary Gram Donar, Tahsil and (Respondent No.17)
Review Petition No.146 of 2019 Gram Panchayat Donar Through its Sarpanch, Radha Bai Chandrakar, aged about 65 years, W/o late Makhan Lal Chandrakar, R/o Village Donar, Post Jhiriya, Tehsil and District Dhamtari, Chhattisgarh.
(Respondent No.17 in Writ Petition)
5. Gram Panchayat Mathuradih, Through Secretary Gram Tenukona. (Respondent No.5)
8. Gram Panchayat Mohera Bi, through Secretary, Tahsil Magarlod,
(Respondent No.6)
9. Gram Panchayat Sarangpuri, through Secretary, Gram Sarangpuri, (Respondent No.9)
10. Gram Panchayat Darri, through Secretary, Tahsil and District (Respondent No.10)
13. Gram Panchayat Bhotha, Through Secretary, Gram Lader, Tahsil (Respondent No.11)
14. Gram Panchayat Amlidih, Through Secretary, Gram Amlidih, Tahsil (Respondent No.14)
16. Gram Panchayat Seldwip, Through Secretary, Tahsil Kurud, Dhamtari, Chhattisgarh.
(Respondent No.15) Review Petition No.147 of 2019 Gram Panchayat Jogidih Amlidih Through its Sarpanch, Himeshwari Kanwar, W/o Dihuram, aged about 24 years, R/o Village Panchayat Amlidih, Block Magarlod, District Dhamtari, Chhattisgarh. (Respondent No.14 in Writ Petition)
5. Gram Panchayat Mathuradih, Through Secretary Gram Tenukona. (Respondent No.5)
8. Gram Panchayat Mohera Bi, through Secretary, Tahsil Magarlod, (Respondent No.6)
9. Gram Panchayat Sarangpuri, through Secretary, Gram Sarangpuri, (Respondent No.9)
10. Gram Panchayat Darri, through Secretary, Tahsil and District (Respondent No.10)
13. Gram Panchayat Bhotha, through Secretary, Gram Lader, Tahsil (Respondent No.11)
14. Gram Panchayat Seldwip, Through Secretary, Tahsil Kurud, District (Respondent No.15)
16. Gram Panchayat Donar, Through Secretary Gram Donar, Tahsil and (Respondent No.17) AND Review Petition No.148 of 2019 Gram Panchayat Sarangpuri Through its Sarpanch, Anusuiya Kanwar, W/o Omkar Kanwar, aged about 35 years, R/o Gram Panchayat Sarangpuri, Tehsil and District Dhamtari, Chhattisgarh. (Respondent No.9 in Writ Petition)
5. Gram Panchayat Mathuradih, Through Secretary Gram Tenukona. (Respondent No.5)
8. Gram Panchayat Mohera Bi, through Secretary, Tahsil Magarlod, (Respondent No.6)
9. Gram Panchayat Darri, through Secretary, Tahsil and District (Respondent No.10)
10. Gram Panchayat Bhotha, through Secretary Gram Lader, Tahsil (Respondent No.11)
13. Gram Panchayat Amlidih, Through Secretary, Gram Amlidih, Tahsil (Respondent No.14)
14. Gram Panchayat Seldwip, Through Secretary, Tahsil Kurud, District (Respondent No.15)
16. Gram Panchayat Donar, Through Secretary Gram Donar, Tahsil and (Respondent No.17)
For Petitioners:
Mr. Manish Nigam, Advocate.
For State:
Mr. Gagan Tiwari and Mr. Sudeep Verma, Deputy Govt. Advocates.
For Respondent No.4 / Union of India: - Mr. Krishna Gopal Yadaw, Advocate on behalf of Mr. B. Gopa Kumar, Assistant Solicitor General of India. For Respondent No.19: - Mr. Prateek Sharma, Advocate.
Hon'ble Shri P.R. Ramachandra Menon, CJ and Hon'ble Shri Sanjay K. Agrawal, J.
Order On Board Sanjay K. Agrawal, J 23/09/2019
1. Learned counsel for the parties, at the outset, submit that on 16th August, 2019 in exercise of power conferred by Section 15 of the Mines and Minerals (Development and Regulation) Act, 1957, the State Government has enacted rules known as the Chhattisgarh Minor Mineral Ordinary Sand (Quarrying and Trade) Rules, 2019 regulating quarry and trade of minor mineral ordinary sand. Therefore, no cause of action survives in these review petitions.
2. Accepting the submission made by the parties at the Bar, we close all the review petitions finding no error apparent on the face of record warranting exercise of review jurisdiction.
3. Accordingly, all the review petitions are closed. Sd/- Sd/- (P.R. Ramachandra Menon) (Sanjay K. Agrawal) Chief Justice Judge Soma